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The System in General

15 January, 2016 - 09:35

Workers’ compensation is a no-fault system. The employee gives up the right to sue the employer (and, in some states, other employees) and receives in exchange predetermined compensation for a job-related injury, regardless of who caused it. This trade-off was felt to be equitable to employer and employee: the employee loses the right to seek damages for pain and suffering—which can be a sizable portion of any jury award—but in return he can avoid the time-consuming and uncertain judicial process and assure himself that his medical costs and a portion of his salary will be paid—and paid promptly. The employer must pay for all injuries, even those for which he is blameless, but in return he avoids the risk of losing a big lawsuit, can calculate his costs actuarially, and can spread the risks through insurance.

Most workers’ compensation acts provide 100 percent of the cost of a worker’s hospitalization and medical care necessary to cure the injury and relieve him from its effects. They also provide for payment of lost wages and death benefits. Even an employee who is able to work may be eligible to receive compensation for specific injuries. Part of the table of benefits for specific injuries under the Kansas statute is shown in The System in General.

Kansas Workers’ Compensation Benefits for Specific Injuries

Article 5.—Workers’ Compensation

44-510d. Compensation for certain permanent partial disabilities; schedule. If there is an award of permanent disability as a result of the injury there shall be a presumption that disability existed immediately after the injury and compensation is to be paid for not to exceed the number of weeks allowed in the following schedule:

  1. For loss of a thumb, 60 weeks.
  2. For the loss of a first finger, commonly called the index finger, 37 weeks.
  3. for the loss of a second finger, 30 weeks.
  4. For the loss of a third finger, 20 weeks.
  5. For the loss of a fourth finger, commonly called the little finger, 15 weeks.
  6. Loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of 1/2 of such thumb or finger, and the compensation shall be 1/2 of the amount specified above. The loss of the first phalange and any part of the second phalange of any finger, which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of 2/3 of such finger and the compensation shall be 2/3 of the amount specified above. The loss of the first phalange and any part of the second phalange of a thumb which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of the entire thumb. The loss of the first and second phalanges and any part of the third proximal phalange of any finger, shall be considered as the loss of the entire finger. Amputation through the joint shall be considered a loss to the next higher schedule.
  7. For the loss of a great toe, 30 weeks.
  8. For the loss of any toe other than the great toe, 10 weeks.
  9. The loss of the first phalange of any toe shall be considered to be equal to the loss of 1/2 of such toe and the compensation shall be 1/2 of the amount above specified.
  10.  The loss of more than one phalange of a toe shall be considered to be equal to the loss of the entire toe.
  11.  For the loss of a hand, 150 weeks.  
  12. For the loss of a forearm, 200 weeks.
  13. For the loss of an arm, excluding the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 210 weeks, and for the loss of an arm, including the shoulder joint, shoulder girdle, shoulder musculature or any other shoulder structures, 225 weeks.
  14. For the loss of a foot, 125 weeks.
  15. For the loss of a lower leg, 190 weeks.
  16. For the loss of a leg, 200 weeks.
  17. For the loss of an eye, or the complete loss of the sight thereof, 120 weeks.

Source:http://www.kslegislature.org/li/statute/044_000_0000_chapter/044_005_0000_article/044_005_0010d_section/044_005_0010d_k/.

The injured worker is typically entitled to two-thirds his or her average pay, not to exceed some specified maximum, for two hundred weeks. If the loss is partial (like partial loss of sight), the recovery is decreased by the percentage still usable.